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(영문) 광주지방법원 2018.04.10 2018노423
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The fact that the judgment defendant recognized the crime of this case and reflected it is favorable.

However, the defendant committed the crime of this case in the period of probation due to drinking or non-licenseless driving, and it is disadvantageous to the defendant.

In full view of the records and arguments of this case, there is no special circumstance or change of circumstances that can be newly considered in the trial of the party, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, family relationship, circumstances after the crime, etc., the lower court's punishment is too unreasonable.

Defendant’s assertion is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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